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Property, Planning and Purpose: Legal Concerns Facing Broadband Roll Out in Australia
Conference paper   Peer reviewed

Property, Planning and Purpose: Legal Concerns Facing Broadband Roll Out in Australia

Lucy Cradduck
Proceedings from the Pacific Rim Real Estate Society Conference, pp.1-18
Annual Pacific Rim Real Estate Society (PRRES) Conference, 17th (Gold Coast, Australia, 16-Jan-2011–19-Jan-2011)
Pacific Rim Real Estate Society (P R R E S)
2011
url
http://www.prres.net/papers/Cradduck_Property_Planning_and_Purpose.pdfView
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Abstract

Commercial Services Law broadband greenfield estates brownfield sites property rights
The Australian government, and opposition, are committed to facilitating high-speed broadband provision. In April 2009 the (then) Labor government announced a proposal to facilitate provision by mandating "…the use of fibre optic infrastructure … in greenfield estates …." Separately, the installation of (usually overhead) cables commenced in select brownfield areas throughout Australia. In the lead up to the 2010 federal election, the broadband policy focus of the (then) federal opposition was to enabling private investment rather than direct investment by government itself. High-speed broadband is essential for Australia's economic future. Whether implementation is undertaken by government, government owned corporations or private investors, will impact on the processes to be followed. Who does what, also will determine the rights available to land owners. The next stage, of necessity, will involve the establishment of procedures to require the retrofitting of existing urban environments. This clearly will have major property, property rights and valuation impacts. As Horan (2000) observed "…preserving... unique characteristics … of…regions requires a compromise between economic ambitions and social, cultural, and environmental values". The uncertainty following the federal election, and the influence of independants with individual agendas; presents unique challenges for broadband implementation. This paper seeks to identify the processes to be followed by various potential broadband investors as they work to establish a ubiquitous network. It overviews current legislative regimes and examines concerns raised by stakeholders in various government reviews. It concludes by plotting a clear way forward to the future, with particular regard to property rights and usage.

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